The Gazette 1977

GAZETTE

MAY-JUNE

recognition, granted with a view to the pursuit of certain studies, and recognition having "civil effect", granted with a view to the pursuit of a professional activity. Since that distinction fails within the ambit of the national law of the different States, it is for the national authorities to assess its consequences, taking into account the objectives of Community law. The fact that National Legislation provides for recognition of equivalence only for univeristy purposes does not in itself justify a refusal to accept such equivalence as evidence of qualification to enter a profession. The Court has ruled that when a national of one Member State desirous of exercising a professional activity such as the profession of Advocate in another Member State has obtained a diploma in his country of origin which has been recognized as an equivalent qualification by the competent authority under the legislation of the country of establishment and which has thus enabled him to sit and pass the special qualifying examination for the profession in question, the act of demanding the national diploma prescribed by the legislation of the country of establishment constitutes, even in the absence of the directives provided for in Article 57, a restriction incompatible with the freedom of establishment guaranteed by Article 52 of the Treaty. IRELAND WILL TAKE FRANCE TO COURT OVER ACCESS TO LAMB MARKET Ireland is bringing the French Government before the European Court of Justice for failing to allow free access to the French market for Irish lamb contrary to the principles of the Common Market. At a press conference in Dublin recently, the Minister for Agriculture, Mr. Clinton, announced that Ireland's case would be placed before the Court and he expected the proceedings to be completed within six months. The decision to instigate legal action against the French, who open and close their markets to imports in order to ensure high prices for French lamb producers, has been forced on the Minister by the growing disappointment suffered by Ireland's 30,000 sheep producers, who were assured of access to the high-priced Continental lamb market on entrv to the EEC. Mr. Clinton said that he had been completely "deceived" over the past four years by the French who had led him to believe they were favourably disposed towards allowing free access to their market for Irish lamb, but each time they had approached a solution "the French simply backed away". He said the delay in bringing legal action against the French was also due to the Irish Farmers' Association persuading him that they would gain access to the French market for Irish lamb through their influence with the French farmers' union. Now, he said, he was not prepared to wait any longer. The case would clarify the situation and he was certain that the manner in which the French protected their market was totally illegal. The country's sheep farmers would know where they stood by the end of the year. In this light the prospects for sheep in the future were good, Mr. Clinton said. It depressed him to hear that sheep production was continuing to decline because farmers lacked confidence at a time when prices were never better. 83

degree in French law. In 1975 he also obtained the Certificat d'Aptitude á la Profession d'Avocat (C.A.P.A) (qualifying certificate for the profession of Advocate). Mr. Thieffry then applied to take the oath with a view to his registering for the period of practical training at the Ordre des Avocats á la Cour de Paris (Paris Bar). His application was rejected on the ground that he offered no diploma evidencing a licentiate's degree or a doctor's degree in French law, as required by the French Law reforming certain legal and judicial professions. As a result, the Cour d'Appel, Paris, was led to ask the Court of Justice to give a ruling on the following preliminary question: "When a national of one Member State desirous of exercising the profession of Advocate in another Member State has obtained a diploma in his country of origin which has been recognised as an equivalent qualification by the University authority of the country of establishment and which has enabled him to sit in the latter country the Advocate's professional qualifying examination — which he has passed — does the act of demanding the national diploma prescribed by the law of the country of establishment constitute, in the absence of the directives provided for in Article 57 (1) and (2) of the EEC Treaty, an obstacle to the attainment of the objective of the Community provisions in question?" The Court of Justice referred to the reasoning behind the principle of freedom of establishment and stated that under Article 3 of the Treaty, the activities of the Community shall include inter alia the abolition of obstacles to freedom of movement for persons and services. With a view to attaining this objective the first paragraph of Article 52 provides that restrictions on freedom of establishment shall be abolished by progressive stages in the course of the transitional period, and Article 53 underlines the irreversible nature of the liberalization achieved in that regard. In order to make it easier for persons to take up and pursue activities as self-employed persons, Article 57 assigns to the Council the duty of issuing Directives concerning, first, the mutual recognition of diplomas and, secondly, the co-ordination of the provisions laid down by laW or administrative action in Member States concerning the taking up and pursuit of such activities. In the general programme for the abolition of restrictions on Freedom of Establishment, which was adopted on 18 December 1961, the Council proposed to eliminate not only overt discrimination but also any form of disguised discrimination. The principle of Freedom of Establishment, subject to observance of professional rules justified by the general good, is one of the objectives of the Treaty. Those objectives may be attained by measures adopted by the Member States, in so far as Community law itself has made no special provision. However, where the Freedom of Establishment provided for in Article 52 can be ensured by means of national provisions, the practical benefit of such freedom cannot be denied to a person subject to Community law for the sole reason that, for a particular profession, the directives provided for by Article 57 of the Treaty have not yet been adopted. As regards the present case in particular, the question has arisen whether a distinction should be drawn, as regards the equivalence of diplomas, between University